Elderwood At Wheatfield
Inspection history, citations, penalties and survey trends for this long-term care facility in Niagara Falls, New York.
- Location
- 2600 Niagara Falls Boulevard, Niagara Falls, New York 14304
- CMS Provider Number
- 335790
- Inspections on file
- 16
- Latest survey
- August 14, 2024
- Citations (last 12 mo.)
- 0
Citation history
Health deficiencies cited at Elderwood At Wheatfield during CMS and state inspections, most recent first.
The facility failed to maintain sufficient nursing staff, leading to unmet resident needs and care plan deviations. Staffing levels fell short on multiple occasions, impacting residents' ability to receive timely care, such as getting out of bed, receiving showers, and having call lights answered. Staff interviews confirmed awareness of the shortages, and residents reported delays and neglect due to insufficient staffing. The Director of Nursing and other staff acknowledged the challenges and the need for more staff to provide adequate care.
The facility failed to maintain an effective pest control program, leading to a significant presence of flies in Unit 1. Observations showed flies in resident rooms, dining areas, and common areas, with residents and staff expressing concerns about unsanitary conditions. The facility lacked a pest control policy, and maintenance staff were unaware of the issue, indicating a breakdown in communication and response.
A hospice nursing assessment for a resident with severe cognitive impairment was conducted in the dining room while the resident was being assisted with lunch, compromising their privacy and dignity. The assessment took place in the presence of other residents, contrary to the facility's policy on maintaining resident dignity and privacy. Staff interviews confirmed that such assessments should occur in private settings, like the resident's room.
The facility failed to honor residents' care preferences, particularly regarding bathing schedules, due to staffing issues. A resident did not receive showers twice a week as preferred, with inconsistent care plans and schedules. Two other residents also did not receive showers as scheduled, with staff citing short staffing as the reason. The DON and Acting Unit Manager were unaware of these failures.
The facility failed to maintain a sanitary environment in Unit 1, where a strong urine odor was consistently present. Observations and interviews revealed the odor in specific resident rooms, indicating inadequate housekeeping services. Staff and residents acknowledged the issue, with challenges in maintaining cleanliness due to staffing shortages in housekeeping.
A resident with a history of stroke and hemiplegia reported being forcibly yanked out of bed by a nurse, causing discomfort. The incident was reported internally on the evening of May 31st, but the official report to the Department of Health was delayed until June 1st, exceeding the two-hour reporting requirement. The Director of Nursing acknowledged the delay, citing a need to gather more facts, which led to a deficiency in timely reporting.
A resident at high risk for skin integrity issues developed a pressure ulcer on the right buttock, which was not promptly assessed or documented by the LTC facility staff. Despite the facility's policy, there was a delay in notifying the appropriate nursing staff, leading to a lack of timely treatment and monitoring. The issue was attributed to miscommunication, resulting in a deficiency finding during the survey.
A resident with severe cognitive impairment and dementia was found in the parking lot after leaving the facility undetected in their wheelchair. Despite a history of wandering, the resident was assessed as having no elopement risk on the day of the incident. The receptionist was unaware of the resident's restrictions, leading to a lack of supervision and communication about the resident's elopement risk.
A resident with Alzheimer's and severe cognitive impairment was not provided with the necessary adaptive eating equipment as per their care plan, leading to food spillage and lack of assistance during meals. Staff interviews revealed a lack of adherence to the care plan, with the kitchen and nursing staff failing to ensure the correct utensils were provided, despite the importance of such equipment for the resident's independence and safety.
The facility failed to maintain an effective infection prevention and control program, as CNAs did not adhere to enhanced barrier precautions and proper hand hygiene during care for residents with multidrug-resistant infections and incontinence. Despite clear signage and facility policies, CNAs did not wear appropriate PPE or change gloves and wash hands as required, leading to potential cross-contamination risks.
The facility did not update the DOH Staffing Report with actual staffing numbers per shift, as required. Observations and interviews revealed that the report was not updated daily, and staff were unaware of its purpose. The facility lacked a policy for completing the report.
The facility failed to maintain complete medical records for three residents regarding the 2023 influenza vaccine. A resident received the vaccine without a scanned consent form, another cognitively impaired resident also lacked a scanned consent, and a third resident who declined the vaccine had no scanned declination form. Staff interviews revealed inconsistencies in the process of scanning these forms into the electronic medical record.
Staffing Shortages Lead to Inadequate Resident Care
Penalty
Summary
The facility failed to ensure sufficient nursing staff to meet the needs of residents, as evidenced by not meeting the established minimum staffing levels on multiple occasions. The facility's staffing plan required a specific number of nurses and certified nurse aides for each shift, but records showed that these levels were not met on several dates. Interviews with staff, including the Scheduling Specialist and the Director of Nursing, confirmed awareness of the staffing shortages and the challenges faced in providing adequate care. The Director of Nursing acknowledged that nurses were expected to assist with resident care when staffing was low, but it was unclear if this was consistently happening. Residents and their families reported numerous issues related to the staffing shortages, including delays in getting out of bed, missed showers, and long wait times for assistance. Resident Council minutes and interviews with residents highlighted concerns about late get-ups and unmet care needs. Residents expressed frustration with having to wait for assistance, and some reported that staff would turn off call lights without returning to provide help. Family members and the Ombudsman also noted the impact of insufficient staffing on resident care, describing it as neglect due to the lack of available staff. Observations and interviews with staff further illustrated the challenges posed by inadequate staffing. Certified Nurse Aides reported being unable to complete all required tasks, such as providing showers and timely incontinent care, due to the high number of residents assigned to them. Some staff members expressed feeling overwhelmed and exhausted, with one aide noting that staffing was at its worst in their 33 years at the facility. The Acting Unit Manager and other nursing staff acknowledged the need for more staff to provide adequate care, particularly given the high acuity of residents on certain units.
Pest Control Deficiency in Resident Unit
Penalty
Summary
The facility failed to maintain an effective pest control program, resulting in a significant presence of flies in one of the resident units, specifically Unit 1. Observations revealed flies in resident rooms, dining areas, and common areas, with residents and staff expressing concerns about the unsanitary conditions. The facility was unable to provide a policy and procedure for pest control, and there were no fly lights on the resident units, despite service reports indicating they had been serviced. Multiple observations and interviews highlighted the presence of flies landing on residents, their food, and in areas with strong urine odors. Residents reported the issue to staff, but there was no evidence of effective action taken to address the problem. Maintenance staff were unaware of any current fly issues, and no work orders related to flies had been submitted since the end of July, despite ongoing complaints from residents and their families. Interviews with various staff members, including nurses, maintenance, and housekeeping, revealed a lack of communication and awareness regarding the fly problem. The Director of Facility Management and the Administrator were also unaware of the current fly concerns, indicating a breakdown in the reporting and response process. The deficiency was linked to gaps around air conditioning units, which were not properly sealed, allowing flies to enter the facility.
Resident Dignity Compromised During Hospice Assessment
Penalty
Summary
The facility failed to ensure that each resident was treated with respect and dignity, specifically in the case of Resident #59, who was on hospice care. During a standard survey, it was observed that a hospice nursing assessment was conducted in the dining room while Resident #59 was being assisted with their lunch. This assessment was performed in the presence of other residents, compromising the resident's privacy and dignity. The facility's policy on Resident's Rights emphasizes the importance of respecting each resident's dignity and privacy, which was not adhered to in this instance. Resident #59 had severe cognitive impairment and was on hospice care due to a terminal diagnosis. The hospice nurse conducted a physical assessment in the dining room, which included listening to the resident's heart and lungs and assessing their limbs, while other residents were nearby. Interviews with staff, including the hospice nurse and the Director of Nursing, confirmed that the assessment should have been conducted in a private setting, such as the resident's room, to maintain dignity and privacy. The Director of Nursing acknowledged that the dining room was not an appropriate location for such assessments unless specifically requested by the resident.
Failure to Honor Resident Care Preferences Due to Staffing Issues
Penalty
Summary
The facility failed to honor the residents' rights to self-determination and choice in their care, specifically regarding bathing preferences and schedules. Resident #1, who is cognitively intact and has a preference for showers twice a week, did not receive showers as scheduled due to staffing issues. The care plan and shower schedule were inconsistent, and there was no documented evidence of showers being provided. Interviews with staff and the resident's health care agent confirmed the lack of adherence to the resident's preferences, with staff citing short staffing as the reason for not providing the showers. Resident #56, who requires substantial assistance and is cognitively intact, also did not receive showers twice a week as preferred. The resident expressed dissatisfaction with not being able to get out of bed at their preferred time and not receiving showers as scheduled. Staff interviews revealed that the unit was often understaffed, preventing them from meeting the resident's preferences for bathing and getting out of bed. The Acting Unit Manager and Director of Nursing were unaware of the failure to meet the resident's preferences. Resident #55, who has severe cognitive impairment and requires total assistance, did not receive showers twice a week as per their care plan. The resident's family member reported that it had been three weeks since the last shower. Staff interviews indicated that the unit was frequently understaffed, leading to the inability to provide showers as scheduled. The Director of Nursing was not aware of the failure to meet the resident's bathing preferences, and the Acting Unit Manager acknowledged the need for more help to meet the residents' needs.
Persistent Urine Odor in Resident Unit Due to Inadequate Housekeeping
Penalty
Summary
The facility failed to maintain a sanitary and homelike environment in one of its resident units, specifically Unit 1, where a strong urine odor was consistently present throughout the survey period. Observations on multiple occasions revealed the persistent odor in the unit and specific resident rooms, indicating inadequate housekeeping services. The facility's policy on maintaining clean and hygienic resident rooms was not effectively implemented, as evidenced by the strong urine smell that was noted during various observations and interviews. Interviews with staff and residents highlighted the issue, with a resident expressing that they had become accustomed to the odor, and a family member confirming the unpleasant smell. Staff members, including a Licensed Practical Nurse, a Registered Nurse Unit Manager, and a Certified Nursing Assistant, acknowledged the presence of the odor and the challenges in maintaining cleanliness due to staffing shortages in housekeeping. The Environmental Services Supervisor and the Administrator also recognized the issue, with the Supervisor noting the difficulty in cleaning every floor daily and the Administrator expecting immediate notification to housekeeping when odors were detected.
Failure to Timely Report Alleged Abuse
Penalty
Summary
The facility failed to report an allegation of abuse involving a resident within the required timeframe to the New York State Department of Health. The incident involved a resident with a history of stroke, hemiplegia, hemiparesis, repeated falls, and aphasia, who was reportedly mishandled by a nurse. The resident alleged that the nurse forcibly yanked them out of bed and into a wheelchair against their will, causing discomfort. This incident was reported internally by a Registered Nurse to the Director of Nursing and the Administrator via email on the evening of May 31st, but the official report to the Department of Health was not submitted until June 1st, exceeding the two-hour reporting requirement. Interviews conducted during the investigation revealed that the Director of Nursing acknowledged receiving the initial report on May 31st but delayed reporting to gather more facts. The Director of Nursing admitted that the report should have been submitted earlier, in compliance with the regulation requiring immediate reporting within two hours. The Administrator confirmed the expectation for timely reporting of abuse allegations, as per regulatory requirements. This delay in reporting constitutes a deficiency in the facility's adherence to mandated reporting protocols.
Delay in Pressure Ulcer Assessment and Treatment
Penalty
Summary
The facility failed to ensure timely assessment and treatment of a pressure ulcer for Resident #38, who was at high risk for skin integrity issues due to multiple factors including chronic kidney disease, incontinence, and a history of pressure ulcers. Despite the facility's policy requiring immediate assessment and documentation of new skin conditions, there was a delay in evaluating a newly identified pressure ulcer on the resident's right buttock. The resident reported irritation and pain in the area, and although Certified Nursing Assistant #4 observed the open area and applied ointment, they did not ensure that a licensed nurse was notified for further assessment. Subsequent observations by other staff members, including Certified Nursing Assistant #18, confirmed the presence of the open area, yet there was no documented evidence of assessment or monitoring in the resident's medical record from 8/8/24 to 8/12/24. Interviews revealed that the nursing staff, including Licensed Practical Nurse #5, were not informed of the skin issue, resulting in a lack of appropriate wound care and monitoring. The Acting Unit Manager/Assistant Director of Nursing eventually assessed the wound on 8/13/24, identifying it as a Stage II pressure ulcer, but acknowledged that they had not been notified earlier, which could have prevented the delay in treatment. The facility's Director of Nursing and Administrator were unaware of the issue until it was brought to their attention during the survey. The Administrator attributed the oversight to miscommunication rather than a lack of assessment, despite the facility's policy clearly outlining the steps for reporting and assessing new skin conditions. The delay in notification and assessment was recognized as a deficiency, as it potentially increased the risk of the ulcer worsening or becoming infected.
Resident Elopement Due to Inadequate Supervision
Penalty
Summary
The facility failed to ensure adequate supervision to prevent accidents for a resident with severe cognitive impairment and a history of dementia, cognitive communication deficit, and anxiety disorder. On 8/9/23, the resident was found in the parking lot by a visitor after having left the facility undetected in their wheelchair. The resident's Minimum Data Set dated 6/13/23 documented severe cognitive impairment with no wandering behaviors, and their care plan included interventions for wheelchair mobility requiring extensive assistance. However, a progress note from 7/25/23 indicated the resident was wandering the hallways, suggesting a change in behavior that was not adequately addressed. The facility's policy on elopement required assessments to determine the risk of unsafe wandering, but the resident was assessed as having no risk for elopement on the day of the incident. The receptionist on duty did not realize the resident had moved from the patio to the parking lot until alerted by a visitor. Interviews revealed that the receptionist was unaware the resident was not allowed outside alone and that there was a lack of communication regarding the resident's elopement risk. The incident highlighted a failure in supervision and risk assessment, as the resident was outside unsupervised for 15 to 20 minutes before being brought back inside.
Failure to Provide Adaptive Eating Equipment
Penalty
Summary
The facility failed to provide special eating equipment and utensils for Resident #85, who required them as per their care plan. Resident #85, diagnosed with Alzheimer's disease and severe cognitive impairment, needed supervision and assistance during meals. The care plan specified the use of bowls for solid foods and mugs for beverages to aid in self-feeding and prevent spills. However, during multiple observations, Resident #85 was served meals on plates and beverages in cups, contrary to the care plan, and without staff assistance, leading to food being pushed off the plate. Interviews with staff, including Certified Nurse Aides and the Food Service Director, revealed a lack of awareness and adherence to the care plan. The Certified Nurse Aides acknowledged the importance of using the correct adaptive equipment to prevent spills and potential burns but failed to ensure that Resident #85 received the appropriate utensils. The Food Service Director admitted that it was the kitchen's responsibility to ensure the correct equipment was on trays before leaving the kitchen, but they were unaware of the oversight. Further interviews with the Director of Rehabilitation and the Registered Dietician highlighted the significance of adaptive equipment in promoting independence and nutritional intake for residents like Resident #85. The Director of Nursing emphasized the expectation for staff to review meal slips to ensure residents' safety and proper equipment use. Despite these expectations, the facility did not comply with the care plan, resulting in the deficiency noted during the survey.
Infection Control Deficiencies in Resident Care
Penalty
Summary
The facility failed to establish and maintain an effective infection prevention and control program, as evidenced by the actions of Certified Nurse Aides (CNAs) #4, #18, and #5. Specifically, CNAs #4 and #18 did not adhere to enhanced barrier precautions while providing care to a resident with a multidrug-resistant organism infection. This resident, who had a suprapubic urinary catheter, required substantial assistance for toileting and was on enhanced barrier precautions. Despite the presence of a sign indicating the need for gowns, gloves, and masks, the CNAs did not wear the appropriate personal protective equipment during direct care activities, such as emptying the catheter bag and transferring the resident to a shower chair. In another instance, CNA #5 did not follow proper hand hygiene protocols during incontinent care for a resident who was always incontinent of urine and required maximal assistance for toileting. CNA #5 failed to change gloves or wash hands after removing a wet incontinence brief and before continuing with the cleaning process. This lapse in hand hygiene occurred despite the facility's policy requiring frequent handwashing, especially after handling soiled objects. Interviews with the involved CNAs and facility staff, including the Nurse Educator, Director of Nursing, and Regional Registered Nurse Infection Preventionist, revealed a lack of adherence to infection control protocols. The staff acknowledged the need for protective equipment and proper hand hygiene to prevent cross-contamination and contamination of residents. However, the facility had not completed in-service training for all employees on enhanced barrier precautions, contributing to the observed deficiencies.
Failure to Update Daily Staffing Information
Penalty
Summary
The facility failed to post daily updated staffing information, as required, for licensed and unlicensed nursing staff responsible for resident care per shift. Observations from August 8 to August 14 revealed that the Department of Health (DOH) Staffing Report, posted at the front desk, did not reflect the actual number of staff for each shift. A review of the past 30 days of staffing reports showed they were not updated with the actual staffing numbers per shift. Interviews with facility staff, including the Scheduling Specialist, Director of Nursing, and Administrator, revealed a lack of understanding and training regarding the purpose and requirements of the DOH Staffing Report. The Scheduling Specialist admitted to not updating the report with actual staffing numbers and was unaware of its purpose. The Director of Nursing and Administrator also misunderstood the requirement, believing the report did not need to be updated per shift. Additionally, the facility did not have a policy in place for completing the DOH Staffing Report.
Incomplete Documentation of Influenza Vaccine Consents and Declinations
Penalty
Summary
The facility failed to maintain complete and accurately documented medical records for residents in accordance with accepted professional standards. Specifically, three residents had issues with missing documented evidence of signed consents or declinations for the 2023 influenza vaccine. Resident #1, who was cognitively intact, received the influenza vaccine, but there was no scanned copy of the signed consent form in the electronic medical record. Resident #12, who was cognitively impaired, also received the vaccine, but similarly, there was no scanned consent form. Resident #59, who was severely cognitively impaired, declined the vaccine, yet there was no scanned copy of the signed declination form. Interviews with facility staff revealed that the process for handling consent and declination forms was not consistently followed. The Assistant Director of Nursing and the Director of Nursing both stated that consents or declinations should be scanned into the electronic medical record by unit clerks after the vaccine was administered. However, the Unit Clerk admitted to being unable to locate the signed forms in the paper medical records. The Administrator expected accurate documentation of immunizations and proper scanning of consents or declinations, but this was not achieved, leading to incomplete medical records for the residents involved.
Latest citations in New York
A resident with spastic quadriplegic cerebral palsy, severe hypoxic ischemic encephalopathy, chronic respiratory failure, and a tracheostomy was on continuous pulse oximetry with ordered SpO2 parameters and linked Vocera alerts. When the resident’s oxygen saturation dropped significantly, the Vocera system sent sequential alarms to the primary RN, buddy RN, charge RN, and RT. The primary RN repeatedly pressed “Accept” on the alert device without assessing the resident, while the buddy RN, charge RN, and RT did not respond to the alarms, each assuming others would intervene or not recalling the alert. For approximately 25 minutes, no assigned clinician assessed the resident despite ongoing alarms, until another RN, not assigned to the resident, heard an alarm while passing the room and found the resident unresponsive and gray. A Code Blue was initiated, CPR was performed, and the resident was transferred to the hospital, where they were found to have no brain activity and later died. The facility’s investigation determined that staff failed to respond to and appropriately manage the pulse oximetry/Vocera alerts and failed to maintain and use required communication devices as expected.
A resident with Parkinson’s disease, dementia with behavioral disturbances, and known exit-seeking behaviors, care planned with a wander alarm, eloped through a 3rd floor stairwell door whose alarm had been disabled days earlier by maintenance and security while addressing a wandering system issue. A plastic barrier was placed in front of the door, but the door remained accessible and unrepaired. Video showed the resident repeatedly attempting to exit, bypassing the barrier, trying to remove the wander device, and ultimately opening the door, falling into the stairwell, and leaving the unit. Staff observed the resident at the door but did not consistently redirect them, and the resident was later found outside the building by a visitor after staff realized the resident was missing and discovered the wheelchair in the stairwell.
Two residents with psychiatric and behavioral histories were waiting by an elevator in a lobby when one, known to have prior aggressive behavior and a care plan noting risk for physical aggression, removed a wheelchair armrest and struck the other in the forehead, causing a bump and laceration that required ED evaluation. Video, staff, and security accounts confirmed that the aggressor resident was able to access and weaponize the removable armrest in a common area despite prior documented altercations and behavioral concerns, and was only on 30‑minute checks at the time, resulting in a failure to protect another resident from physical abuse.
Staff failed to respond promptly to an oxygen alert alarm for a resident with spastic quadriplegic CP, severe hypoxic ischemic encephalopathy, chronic respiratory failure, severe cognitive impairment, and total dependence for ADLs, resulting in the resident being found unresponsive with gray skin and requiring a Code Blue, CPR, and hospital transfer where no brain activity was found and life support was later withdrawn. Despite facility policy requiring alleged or suspected neglect and serious bodily injury to be reported to the State Agency within 2 hours (or within 24 hours if no serious bodily injury), the Administrator was not notified until days after the event and the NYS DOH was notified four days after the incident; the DON reported they were initially unaware of the failure to respond to alarms or of the need to report the incident, and the Administrator stated they had not been informed of the Code Blue on the day it occurred.
Surveyors found that the facility failed to implement an effective infection surveillance and reporting process during a norovirus gastroenteritis outbreak and in its routine infection tracking. During the outbreak, only a single-day tracking sheet was completed for several residents with gastrointestinal illness on two units, and daily surveillance with updated symptoms and management was not maintained as required by facility policy. Despite receiving a directive from the state health department to submit a Nosocomial Outbreak Reporting Application for the identified cluster, the DON acknowledged that the report was never submitted. Additionally, monthly infection control line lists for residents on antibiotics for various infections lacked documentation of signs and symptoms, diagnostic and lab results, precautions used, and outbreak potential, even though the IP relied on these lists for surveillance.
A resident with multiple chronic conditions and numerous scheduled medications had repeated discrepancies between scheduled morning medication times and documented administration times. On multiple days, all medications ordered for a 9:00 a.m. pass were documented as given around midday by an RN, contrary to policy requiring timely administration and immediate electronic documentation. The RN cited computer timeouts, possible late documentation, and workload pressures, while leadership acknowledged that a single nurse was responsible for passing medications to roughly 40 residents within a limited time window and that MAR review was primarily done by the passing nurse and through monthly reports, with no routine MAR review by the pharmacy consultant.
The facility did not ensure residents understood how to file grievances and failed to document and track grievances and their resolutions. Residents reported that they only voiced concerns during resident council and were unclear about the grievance process otherwise, and the designated Grievance Officer could not produce a grievance log or forms. The DON acknowledged the grievance process was informal and lacked clear documentation. In addition, a resident with significant cardiac and neurologic conditions and moderately impaired cognition had a representative who raised multiple concerns about care coordination, communication, discharge planning, call bell response, personal property, preferences, and nutrition, but these grievances were largely handled verbally, with no consistent documentation of how each concern was addressed or resolved.
Surveyors found that the facility failed to provide timely toileting assistance and call bell response for multiple residents who were dependent on staff for ADLs. A resident with Parkinson’s disease and dementia, care planned for two-hour toileting checks, was found by family with urine-saturated clothing and wheelchair cushion after a CNA admitted not changing or checking on the resident for most of a shift, and documentation showed numerous missing toileting and check entries over several months. Another resident with a history of stroke and MI, requiring maximal assist for toileting, reported long waits for morning care while the call bell rang, with staff not responding for extended periods, and the resident’s representative described multiple episodes of call bell waits exceeding an hour. Resident Council minutes, call bell audits, and observations showed repeated long call bell wait times, including bells ringing for 15–45 minutes while various staff passed the rooms without responding, and a spouse reported frequent overnight calls from a resident seeking help because call bells were unanswered.
A resident with bowel incontinence and new-onset loose, watery stools and nausea had a physician and NP order for a stool bacterial detection panel with C. difficile and a GI PCR, along with PRN Zofran. Over subsequent shifts, documentation showed the resident remained incontinent of bowel and that the ordered stool collection was repeatedly marked on the TAR as "not administered, unable to obtain" by LPNs, despite multiple incontinence episodes. There was no documentation that the NP or physician were notified that the ordered stool specimen had not been collected, even though facility policy required practitioner notification when orders were not carried out and the physician and NP later stated they expected to be informed if a lab test they ordered was not completed.
A resident with vascular dementia, behavioral disturbances, and dependence for transfers and toileting was sent to the hospital for suspected GI bleeding, with documentation indicating an unplanned hospital transfer and anticipated return. An IDT meeting held earlier did not document any discharge planning, and the resident’s care plan lacked a planned discharge. While the resident remained hospitalized, the facility issued a same-day discharge notice citing inability to meet needs and endangerment to others, based on interference from the resident’s guardians rather than documented resident behavior, and later did not accept the resident back after medical clearance. The medical record contained no IDT discharge plan and no subsequent nursing or social work notes, demonstrating a lack of documented discharge planning and coordination.
Failure to Respond to Pulse Oximetry Alarms for Tracheostomy-Dependent Resident
Penalty
Summary
The deficiency involves the facility’s failure to ensure that a resident requiring respiratory care and continuous pulse oximetry monitoring received services consistent with professional standards of practice and the resident’s care plan. The resident had spastic quadriplegic cerebral palsy, severe hypoxic ischemic encephalopathy, and chronic respiratory failure, was severely cognitively impaired, and was totally dependent on staff for all ADLs. The care plan and physician’s orders required mechanical ventilation with CPAP to tracheostomy collar overnight, humidified trach collar oxygen during the day, and maintenance of oxygen saturation above 92%, with pulse oximeter alarm parameters set to alert below 92%. The resident was equipped with a pulse oximeter linked to the Vocera alert system, which generated alarms at the bedside and on staff mobile devices when oxygen saturation fell outside ordered parameters. On the day of the incident, the resident’s oxygen saturation dropped to 84% at 8:58 AM, triggering an alert to the primary RN via the Patient Safe Solutions/Vocera system, followed by sequential escalation to the buddy RN, the charge RN, and the RT when not acknowledged. The Call Point Detailed Activity Report showed that an alert was sent to the primary RN at 8:58 AM, to the buddy RN at 8:59 AM, and to the charge RN and RT at 9:01 AM. The primary RN pressed “Accepted” on the device at 9:04 AM, and again when the system alerted at 9:17 AM and 9:18 AM, but did not go to the resident’s room to assess the resident and did not document any assessment or intervention. The buddy RN reported not recalling hearing the alert and stated they were administering medications and unaware of the resident’s distress until the rapid response was called. The charge RN acknowledged receiving the alert but did not respond timely, stating they expected the primary or buddy nurse to respond. The RT stated they received the alert but were busy with other residents and expected other staff to respond. From 8:58 AM to 9:23 AM, no assigned nurse or RT responded to the alarms or performed a clinical assessment of the resident, and the alarm cycle continued without intervention. At 9:23 AM, a second alert was triggered when the resident’s oxygen saturation dropped to 52%. An RN who was not assigned to the resident heard an alarm while passing the room, entered, and found the resident in a wheelchair, unresponsive with gray skin. This RN activated a rapid response/Code Blue, assisted in returning the resident to bed, and another RN began chest compressions. EMS was called and arrived at 9:44 AM; a pulse was briefly restored, and the resident was placed on a ventilator and transferred to the hospital, where they were determined to have no brain activity. Life support was later terminated and the resident expired. The facility’s own investigation concluded that nursing and respiratory staff failed to respond to alarms, failed to appropriately acknowledge and review alerts, failed to maintain accessibility to required communication devices, and failed to escalate when they were occupied or unable to respond, resulting in actual harm and Immediate Jeopardy to the resident and placing other monitored residents at risk.
Removal Plan
- Review camera footage, Patient Safe Solution phone verification notifications, and the pulse oximetry policy.
- Re-educate involved staff on pulse oximetry alarm response, notification handling, and escalation expectations.
- Send voice alarm presentation via email to all assistant nurse managers and assistant directors of nursing for review during evening and morning huddles.
- Ensure Vocera device functionality is reviewed and staff are instructed to keep devices accessible and operational.
- Have IT/MIS check and confirm monitoring equipment is functioning properly.
- Implement disciplinary action for staff involved.
- Discuss and initiate a root cause analysis.
- Review and revise the pulse oximetry policy.
- Provide leadership oversight.
- Implement an audit of alert response times.
Elopement of High-Risk Resident Through Disabled Stairwell Door Alarm
Penalty
Summary
The deficiency involves the facility’s failure to provide adequate supervision and maintain a safe environment for a resident with known exit-seeking behaviors and elopement risk. The resident had diagnoses of Parkinson’s disease, dementia with behavioral disturbances, and anxiety, and was assessed as having moderately impaired cognition. The resident’s MDS documented exit-seeking behaviors and daily use of a wander/elopement alarm, and the comprehensive care plan identified the resident as an elopement risk/wanderer related to disorientation to place, with an intervention for a wandering device on the ankle. A physician’s order also specified a wandering device to the right ankle with checks every shift. The 3rd floor North stairwell door alarm had been disabled by maintenance following a work order dated 07/02/2024. Maintenance and security staff attempted to address a wandering system alarm issue, and the alarm on the 3rd floor North stairwell door was turned off by removing a screw from the alarm box. A yellow plastic accordion-style barrier was placed in front of the door, and nursing staff were notified that the door was broken. However, the door itself remained accessible, and the alarm remained disabled for days prior to the elopement. Staff on the unit, including CNAs, were not all aware that the stairwell door was broken, and the door was not repaired until 07/17/2024. On the day of the incident, video footage showed the resident repeatedly exit-seeking at the 3rd floor North stairwell door over several hours. The resident moved the yellow barrier, wheeled around it, and closed it behind them. At one point, two unidentified staff observed the resident at the door, opened the barrier, and walked away without redirecting the resident. The footage documented multiple attempts by the resident to exit, including attempts to remove the wander alert bracelet and repeated efforts to push on the delayed egress bar with their leg and hands. Eventually, the resident stood from the wheelchair, pushed the crash bar, opened the door, and fell backwards into the stairwell while pulling the wheelchair through. The resident then maneuvered the wheelchair into the stairwell and exited the unit. Staff later discovered the resident missing, found the wheelchair in the stairwell, and the resident was ultimately located outside the building by a visitor and brought back inside by nursing and security. The DON’s investigation summary identified the root cause of the elopement as the 3rd floor North stairwell door alarm being disabled while the door remained broken and unsecured.
Removal Plan
- Resident #1 was placed on 15-minute safety checks and kept under line-of-sight supervision when outside of their room; continued with use of a wander alert device; and resided in a room adjacent to the nursing station for frequent observations.
- All staff were educated on the Elopement policy and what measures to take if a resident went missing, including a power point presentation and post-tests.
- All exit and stairwell doors in the facility on the 2nd and 3rd floors were repaired by an outside vendor.
Failure to Prevent Resident-to-Resident Physical Abuse in Lobby Elevator Area
Penalty
Summary
The deficiency involves the facility’s failure to protect a resident from physical abuse by another resident, despite a known history of aggressive behavior. One resident with paraplegia, mood disorder, major depressive disorder, and anxiety disorder had an established care plan noting potential for physical aggression and risk of being abused. Prior documentation showed that this resident had been involved in a physical altercation with another resident in June of the previous year, during which they reported being punched and stated they hit the other resident back. The care plan was updated at that time to reflect that the resident was abused by peers, with interventions including relocation as needed and a psychiatry referral, but later updates reflecting another resident-to-resident altercation did not include new interventions. On the day of the incident, video surveillance and witness statements documented that the aggressive resident and another resident were waiting at the elevator in the lobby, along with other residents. The second resident, who had diagnoses including schizophrenia and bipolar disorder, approached and stood next to the first resident’s wheelchair. The first resident was seen making hand gestures, then removed the left wheelchair armrest and used both hands to swing it toward the second resident. When the second resident reached toward the armrest, the first resident struck them on the forehead with the armrest, causing bleeding and resulting in a bump and small laceration. Staff arrived immediately after the assault and separated the residents, and the injured resident was later assessed and transferred to the hospital for evaluation. Interviews conducted after the event revealed differing accounts of the interaction leading up to the assault. The first resident reported that the second resident had previously used a racial epithet toward them and, on the day of the incident, again stood close, touched their shoulder, and repeated the racial epithet, prompting them to remove the armrest and strike the other resident. The second resident stated they were standing at the elevator, heard the first resident saying something, ignored it, and were then struck without warning. A security guard reported hearing the first resident tell the second resident not to stand close and to stop touching them, then observed the first resident swinging the armrest and hitting the second resident. Facility staff, including the RN Supervisor and DON, acknowledged that the incident occurred off the unit, that the aggressive resident had a history of verbal and physical abusive behavior toward staff, and that this was the first documented physical altercation between these two specific residents. Despite prior behavioral incidents and care plan documentation of aggression risk, the resident was on 30‑minute checks and was able to access and weaponize a removable wheelchair armrest in a common area, resulting in physical abuse of another resident.
Failure to Timely Respond to Oxygen Alarm and Report Suspected Neglect
Penalty
Summary
Facility staff failed to immediately report an alleged incident of neglect involving a resident who was dependent on respiratory support and continuous monitoring. The resident had spastic quadriplegic cerebral palsy, severe hypoxic ischemic encephalopathy, chronic respiratory failure, was severely cognitively impaired, and totally dependent on staff for all ADLs. On the date of the incident at 8:58 AM, the resident’s alert alarm indicated decreasing oxygen levels, but nursing and respiratory staff did not respond to the alarm or assess the resident in a timely manner, in deviation from the facility’s pulse oximetry escalation pathway and alarm response procedures. The resident was later found unresponsive with gray skin, and a Code Blue was initiated. CPR was started, and the resident was transferred to the hospital, where they were determined to have no brain activity; life support was later terminated and the resident expired. Although the facility’s policy required that alleged or suspected violations involving mistreatment, neglect, or other reportable events be reported to the State Survey Agency and other appropriate authorities no later than 2 hours after forming the suspicion if serious bodily injury occurred, or within 24 hours otherwise, the incident was not reported in accordance with these time frames. The incident occurred on one date, the Administrator was not notified until a later date, and the New York State Department of Health was not notified until four days after the event. The DON stated they were unaware that staff had failed to respond to the alerts until reviewing the alert system report and interviewing staff, and also stated they were unaware the incident should have been reported to the Department of Health, while the Administrator confirmed they had not been notified of the Code Blue on the day it occurred.
Failure to Implement Effective Infection Surveillance and Outbreak Reporting
Penalty
Summary
The deficiency involves the facility’s failure to maintain and implement an effective infection prevention and control program during a norovirus outbreak and in its ongoing surveillance activities. During a norovirus gastroenteritis outbreak, the facility identified multiple residents with gastrointestinal illness on two units, as documented on an infection control tracking sheet for a single date. The facility’s policy on routine infection control surveillance required ongoing assessment of all residents for changes in symptoms or conditions indicative of infection, but surveillance tracking was only completed for one day and was not continued or updated with symptoms or management throughout the outbreak. The DON and the Infection Preventionist (IP) both acknowledged that surveillance tracking sheets should have been completed daily during the outbreak and that they did not know why this was not done. The facility also did not comply with state reporting requirements related to the outbreak. After the cluster of gastrointestinal illness cases was identified, the NYSDOH sent an email to the DON stating that submission of a Nosocomial Outbreak Reporting Application report was required for a single case of a reportable pathogen in a nursing home resident or a cluster of cases above baseline. The DON stated they were aware of this email but confirmed that the requested outbreak report was never submitted to NYSDOH. The DON further stated that NYSDOH should have been contacted immediately when the outbreak was discovered, and that they were not the DON at the time and did not know why the previous DON failed to submit the report. In addition to the outbreak-related issues, the facility’s ongoing infection surveillance line lists for several months were incomplete. The Infection Control Line List for January, February, and March documented residents on antibiotic therapy for various infections, including wound infections, respiratory infections, urinary tract infections, bacteremia, and Clostridium difficile. However, these line lists lacked documentation of infection signs and symptoms, diagnostic tests and laboratory results, the type of precautions used, and any indication of outbreak potential. During interview, the IP confirmed that they used the line list for surveillance and monitoring of residents with infections and on antibiotics, but acknowledged that the lists did not include the required clinical details and precautions. The DON also stated that the IP was responsible for ensuring surveillance included signs and symptoms, diagnostic tests with results, and precautions to prevent outbreaks.
Incomplete and Inaccurate Medication Administration Documentation for a Resident
Penalty
Summary
The deficiency involves the facility’s failure to maintain complete and accurately documented medical records in accordance with accepted professional standards for one resident. For this cognitively intact resident with essential hypertension, adjustment disorder with mixed anxiety and depressed mood, major depressive disorder, and dementia, standing medication orders included multiple daily and twice-daily medications such as antihypertensives, antidepressants, an anticoagulant, a diuretic, an antianginal patch, an inhaler, and other agents. The facility’s medication administration policy required that medications be administered in accordance with physician orders, that documentation of administration be completed on the computer immediately after administration with the nurse’s initials at the corresponding date and time, and that at the end of each shift the medication nurse review the MAR, 24‑hour report, and nurses’ notes to ensure documentation is accurate and complete. Record review of the medication administration audit report for multiple dates in December 2024 showed discrepancies between the scheduled 9:00 a.m. administration times and the times documented as administered for this resident’s medications. On thirteen separate dates, all medications scheduled for 9:00 a.m. were documented as being administered after 12:00 p.m. but before 1:00 p.m. when a particular RN was passing medications to this resident. These documented times did not align with the scheduled administration time and were inconsistent with the policy requirement that medications be given at the right time and documented immediately after administration. The pattern of late documentation occurred on each of the identified dates when that RN was responsible for the medication pass for this resident. In interviews, the RN who administered the medications stated that the resident received most medications at 9:00 a.m. and some at 5:00 p.m., and described issues such as the computer timing out after about 10 minutes, logging the nurse out, and situations where medications might have been given earlier but not clicked off in the system. The RN reported that the documented times (for example, showing around 12:00 p.m.) might not be accurate, could reflect late documentation, and could be affected by computer glitches, but could not recall specific details from the December dates. The Assistant DON reported that one nurse on the unit was responsible for administering medications to approximately 38–40 residents, that the incoming nurse’s start of shift included a narcotic count and report that delayed the start of the medication pass to about 8:30 a.m., and that this left about two minutes per resident to complete the pass by 10:00 a.m. The Administrator stated that their expectation was that nurses review the MAR at the end of the shift and that unit managers run a monthly report, while the Pharmacy Consultant stated they did not review MARs and assumed nursing conducted internal auditing. These practices and conditions contributed to incomplete and inaccurate medication administration documentation for the resident on the identified dates.
Failure to Inform Residents of Grievance Process and Document Grievances and Resolutions
Penalty
Summary
The facility failed to ensure residents were informed about the grievance process and that grievances were documented and tracked in accordance with its grievance policy. The Social Services/Admissions Coordinator, identified as the Grievance Officer, reported that while they interviewed residents and emailed Administration about complaints they could not resolve, they were unable to provide a grievance log or grievance forms. During resident council, multiple residents stated they voiced concerns in the meeting but did not know how to file grievances outside of that setting, and there was no documented evidence listing grievances or the facility’s responses. The DON stated that grievances should be monitored by Social Services with documentation of the nature of the complaint and the resolution, but acknowledged that the process was informal, dependent on circumstances, and not completely clear, with no forms or documentation used to track grievance progress and resolution. For one resident reviewed for care planning, the facility did not consistently address and document multiple grievances raised by the resident’s representative. This resident had diagnoses including cerebral infarction, occlusion and stenosis of the left carotid artery, and myocardial infarction, with the admission MDS indicating moderately impaired cognition and involvement of the resident and family in assessment and goal setting. The representative reported numerous concerns regarding miscommunication between nursing and rehabilitation, discharge planning, appointment scheduling, call bell response time, personal property, resident preferences, nutrition, and proper diet, all of which were communicated to Administration via email and paper copies. Although a family meeting was held to discuss these concerns, the Social Services/Admissions Coordinator and the DON confirmed there was no documented evidence of how each grievance was addressed or resolved, and that most concerns were handled verbally without formal documentation or investigation of every complaint.
Failure to Provide Timely Toileting Assistance and Call Bell Response
Penalty
Summary
Surveyors identified a deficiency in the facility’s failure to provide necessary assistance with toileting and timely response to call bells for residents who were unable to perform activities of daily living independently. Facility policy on Activities of Daily Living required that residents receive appropriate treatment and services to maintain or improve their ability to carry out ADLs, including elimination and toileting, and the facility’s No Pass policy required all staff to respond to call lights and obtain help if they could not provide it themselves. Despite these policies, multiple observations, interviews, and record reviews showed that residents did not consistently receive timely toileting care or call bell responses. One resident with Parkinson’s disease, dementia, heart disease, severely impaired cognition, and total dependence on staff for toileting and hygiene was care planned to be checked for incontinence and changed as needed, and to have toileting needs anticipated every two hours with assistance to the toilet. Kardex instructions for several months reiterated two-hour toileting checks and assistance, and CNA documentation reports for January through March showed numerous missing entries for toileting and two-hour checks across multiple shifts. A nursing home investigative report documented that a family member found this resident with urine-saturated clothing and wheelchair cushion in the afternoon, and the Administrator confirmed the saturation. The CNA identified as responsible for ADLs and accountability tasks for that shift stated they did not change the resident at all during the eight-hour shift, did not perform end-of-day care, and did not inform anyone that they were unable to care for the resident, and also stated they did not check on the resident until late morning. There was conflicting documentation on the assignment sheet, and another CNA reported that the resident was checked every two hours and could indicate when cleaning was needed, while a second family member reported having observed a strong urine smell on three Sunday visits in recent months, which staff addressed when notified. Another resident with a history of stroke and myocardial infarction, and moderately impaired cognition, required maximal assistance with toileting and moderate assistance with bathing and dressing. During one observation, this resident’s call bell was ringing, and the resident reported having waited a long time for care and stated they had been waiting since early morning; staff did not respond until several minutes after the surveyor’s observation began, at which time morning care was provided. On another day, the shared room call bell was ringing while two residents in the room reported they were still in bed, unwashed, undressed, and waiting to get out of bed, stating they had been waiting about half an hour; staff arrived to assist approximately 18 minutes after the surveyor’s initial observation. The resident’s representative reported multiple episodes when call bell response times exceeded one hour and had communicated these concerns to staff. The DON stated that call bells should be responded to when heard and that 30–60 minutes was not acceptable, but also indicated that response time depended on staffing. Additional evidence of delayed call bell response and unmet toileting needs came from Resident Council minutes, call bell audits, and direct observations. Resident Council minutes over several months documented ongoing resident reports that call bell wait times were “on the longer side” and “too long,” and that more nursing staff were needed, particularly on weekends when residents reported only three CNAs were often scheduled. Facility call bell audits conducted in response to complaints documented 23 observations, including one call bell active for 45 minutes and another for 15 minutes in the same room. During one observation, a room call bell rang for at least 14 minutes while multiple staff, including a CNA, a medication nurse, a social work/admissions coordinator, and a unit clerk, passed the room without entering; when the CNA finally entered, the resident requested a bedpan and the CNA left and did not return with the bedpan for another 10 minutes. In another observation, a room call bell rang for at least 27 minutes while a medication nurse, social work/administration staff, and a unit clerk were present in the hallway or nearby but did not respond to the bell. A spouse reported receiving at least 10 overnight phone calls from a resident asking them to call the nurses’ station because no one was responding to the call bell, and also reported that it took a long time for the nurses’ station to answer the phone.
Failure to Collect Ordered Stool Specimen and Notify Practitioner of Uncompleted Lab Test
Penalty
Summary
The deficiency involves the facility’s failure to ensure that a resident received treatment and care in accordance with professional standards and practitioner orders when a stool specimen was not collected as ordered, and the ordering practitioners were not notified. The facility’s policy dated 05/2025 required that when a physician or other authorized practitioner’s order is not carried out as ordered, delayed, modified, or discontinued, the practitioner must be notified. Resident #124 had diagnoses including moderate persistent asthma, essential hypertension, and spinal stenosis, and was documented as always incontinent of bowel and dependent on staff for toileting and hygiene per the care guide, care plan, and admission MDS. On 12/11/2024, the resident developed loose, watery stools and nausea, and the physician and NP were notified, resulting in orders for a stool bacterial detection panel with C. difficile and Zofran as needed. On 12/11/2024, nursing documentation showed that the resident had an episode of loose watery stool in the morning, with the physician notified and an order given to collect stool for testing. Later that day, an RN documented that the resident had nausea and loose stool, that the NP was made aware, and that stool collection and Zofran were ordered. The NP progress note that evening documented watery stool, ordered a GI PCR to rule out gastroenteritis, and planned to monitor the resident, noting stable vitals and a mildly elevated white blood count. The functional abilities record showed the resident was incontinent of bowel on multiple shifts on 12/11/2024, 12/12/2024, and 12/13/2024. The Treatment Administration Record for December 2024 documented the stool test order on 12/11/2024 and 12/12/2024, with entries by LPN #2 and LPN #3 indicating the stool collection was “not administered, unable to obtain.” Despite repeated incontinence episodes that could have provided opportunities to obtain a specimen, there was no documented evidence that the NP or physician were notified that the ordered stool sample had not been collected. A nursing progress note on 12/12/2024 at 2:24 A.M. documented that the resident was alert, able to make needs known, had poor appetite, good fluid intake, an episode of emesis after drinking water too fast, and was feeling better afterward, but did not address the outstanding stool order. During interviews, LPN #3 acknowledged awareness of the stool collection order and documented “not administered” on two shifts but did not write a note indicating that the NP or physician had been informed that the specimen was not obtained. The LPN Unit Manager stated that whether to notify the NP or physician when a stool sample was not collected was handled on a case-by-case basis. In contrast, the Medical Director/Primary Physician and NP #1 both stated they expected to be informed if a lab test they ordered, such as a stool specimen, was not completed, and NP #1 indicated they might have added additional orders and reminded staff to collect the stool if they had known it was not obtained.
Failure to Provide Appropriate Discharge Planning and Readmission for Hospitalized Resident
Penalty
Summary
Surveyors identified that the facility failed to ensure an appropriate discharge plan for one resident who was hospitalized for a suspected gastrointestinal bleed. The resident had vascular dementia with behavioral disturbances, sequelae of cerebral infarction, constipation, and atrial fibrillation, and was dependent for toileting and transfers with documented verbal and physical behaviors toward others. After the resident vomited coffee-ground emesis, the physician ordered a transfer to the hospital emergency department to rule out a GI bleed, and the discharge MDS reflected an unplanned discharge to a short-term general hospital with return anticipated. An interdisciplinary care plan meeting held prior to the hospitalization included multiple disciplines, the resident’s companion, and two guardians, but there was no documentation that discharge planning was discussed, and the resident’s care plan contained no evidence of a planned discharge. While the resident was in the hospital, the facility issued a same-day Transfer/Discharge Notice stating that the IDT had determined the resident would be discharged that day, citing that the resident’s needs could not be met after reasonable accommodation and that the safety and health of individuals in the facility would be endangered. The notice identified interference from the resident’s two guardians as the evidence supporting these reasons, but there was no documentation that the resident personally endangered the health or safety of others. The notice included information about the right to appeal the discharge, and the discharge was appealed. When the resident was medically cleared to return, the facility did not accept the resident back. Review of the electronic medical record showed no documented IDT discharge plan and no nursing progress notes after the date of hospital transfer, and no social work progress notes after that time, indicating a lack of documented planning and coordination related to the discharge decision.
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